DINESH KUMAR Vs. HARI SHANKAR AND ORS.

JUDGEMENT

(1.) THE appellant on 7th March, 2004 boarded the Indigo Car bearing no. DL -1YA -0431 from Palam as a passenger for proceeding towards Najafgarh. The driver of the car was driving it at a very high speed and in a very rash and negligible manner. At about 6.40 pm, when the car reached Hanuman Mandir on Chhawla Road, the driver lost control over it and caused accident. The appellant suffered grievous injuries and was immediately removed to RTRM hospital, Jafarpur Kalan in PCR Van. He was shifted to Indian Spinal Injuries Centre, Vasant Kunj, where he remained admitted from 07.03.2004 to 07.04.2004. He was then taken to Apollo Hospital where his treatment continued from 16th April, 2004 to 19th April, 2004. On 20th April, 2004, he was admitted in GB Panth Hospital where he remained admitted till 1st May, 2004. He was treated at All India Institute of Medical Sciences, Delhi from 20th June, 2004 to 07 July, 2004 and then at Krishna Hospital, Haldwani from 22nd April, 2005 to 26th April, 2005.

(2.) IN the accident, the appellant suffered multiple injuries with left brachial plexus, fracture dislocation of left hip & right ankle, pelvis fracture, head injury, fracture of shaft humerus, fracture of left hemi mandible , fracture of both nasal bones, fracture of left clavicle, fracture of left scapula, injury on face and teeth were also broken. He also underwent hip replacement. He had suffered permanent disability of 90% in respect of left lower and upper limb. He was a driver by profession and due to this disability he became incapable of driving. He was aged 29 years at the time of accident.

(3.) THE factum that the accident was the result of the rash and negligent driving by the driver of the offending vehicle is not disputed. The contesting respondent has also not disputed his liability to pay. The finding of the Ld. Tribunal to this effect, therefore, attains finality.